Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-08-20

uoneu whether the obstruction OF lni
pairmcnt Of ferry by the removal OF
a dem NAV not be violation OF a char
ter obligation, in view of the require
ment TO furnish facilities to the south
side PEOPLE for crossing the river at
laast equal TO those afforded by the
canal company. ,
In the absence, then, OF the special
legislation under which we are acting,
oud Of this our report to your body,
the railroad company, should it destroy
any dam, would be liable-frst, for
any damage thereby occasioned to O
water right; second probably, for
Sickness directly Occasioned by the re-
moval Of the dam third possibly for
injury done 10 ferries above the dam by
lowering the level of the water Pos
Hbly other damages might be claimed
to result from the destruction or re-
moval Of the dams, but il so they do
not occur 20 our mind. But the
effect Of our report In favor
Of removing a dam, it will be
Observed, IS to exonerate the railroad
company from any damage claimed to
result from such removal, except dam
| ace 10 water rights. And after the re-
| noval Of few of the dams, in con-
iorInity to our report, the company is
10 lc cyoneTated from its obligation to
maintain fsh-laddors, as now required
by law.
WITH CARE AND DILIGENCE.
It is Thus plain that our report may
affect in considerable degree the
rights Of the people along the Valley OF
tie James. and We have therefore pro-
CctdCd with all the care and diligence we
could exercise in procuring information
and data for uraction. In the first place
We made a preliminary trip over the
line, with view Of determining what
final course We had best pursue. We
then inserted III the newspapers OF
Eiclmond and Lynchb1rg the adver-
tstmcut hereto annexed (the railroad
company cheerfully agreeing to bear
the oXponsc); and We communicated
10y letter with the members OF the Lee
WslGiurc from every county along the
Inc Of the old canal, requesting them
TO urge Their citizens feeling any in
tcTcst in the question of removing or
retaining the dams to meet us and give
their views fully. From our personal
observation and from information re-
ceivcd from the railroad authorities
and from residents along the
line We gathered some general facts
having an important bearing on
the question, and applicable generally
wherever dams are located along the
river. Thus there seems little doubt
that the high-water line is materially
raised hy the obstruction Occasioned
iy the dams in the channel, and from
tlIs las resulted and Is likely TO result
again very serious damage to the rail
road ly the washing out OF its road-bed,
omlauEmcnts. trcstlcs, and other works.
HE decided tendency from the sane
cause is also. even in time of relatively
small irCshcts, TO throw the water ont
into the old canal bed to a much greater
extent than would be the case were no
dams there. his renders the drain
age Of the old canal-bed more diff
cult. and is apt to make washes and
pools therein, more or less deleterions
10 health. 1t has happened, too (and
may happen again, that in time OF |
frcshots the water has cut around one |
end OF dam and inflicted very serious
damage on lands below, which pro5a- |
lily would not have been OcasiOned had |
the dam been wholly removed ana the
channel Of thc river left open. 1t Is
questionable whether the railroad con-
lany could he legally held responsible
fer such damage but they have paid
damages in such a case, and they are
kept at more or less cX-
rcnso IN maiutain0 dams to provide
against Injuries OF this character, even
in eases where no question of water
right is involved IN their mainte-
nance 1t is the general opinion, too,
that while TIE fish-laddcr has proved |
wholly Intellectual for the accomplish
MCht OF its pCrposcs, 50 that no fish
can lie expected to ascend above Bo-
sh,r'a dam from below, yet the longer
stretches of water which will be afforded
by the removal Of many of these dams
VIII greatly promote the increase OF
fish III the upper waters OK the river.
The questions Of health, facilities for
crossing the river, aAa water rights,
being principally local, will be noticed
as lar as necessary in connection with
or remarks on each dam
Eo.UEE's DAN.
BEGINNING at Richmond and ascend
ing The river. the first dam is Bosher's.
water supply Of the city Of Rich
mond and of So many manufactures
there being dependent on this dam, it
would Of course be highly inexpedient
10 interfere with it and, indeed, the
statute under which We are acting
seems 10 exclude it entirely from our
The same may be said Of
the water-works dam at Lynchburg.
MAmEN's ADVENTURE.
Next above Richmond is Maiden's
Adventure dam We visited this dam
md conferred with MIR. Wight, vino
claims n water right from it TO a mill at
Dover. he is not now, however, in
.hc enjoyment OF any water right, the
milIoad company having cut OF the
water under claim of forfeiture OF the
rglt The right, as We were informed
both ly Mr. Wight and the railroad
is now the subject Of liti-
CATION. and that gcntleman's right to
damages of course depends on the
result of that litigation, and will
be- determined in the courts. Dir.
" igLt himself declared his opin-
on that the dam should he re-
moved and his Willingness to allow
bis claim for damages to await the ter
of the pending litigation
.boye referred TO. There is ferry II
nile or two above the dam, across the
1ond belonging to Mr.. Bowles, but he
links his ferry will be rather benefited
han injured by removal of the dam.
80 sanitary trouble seems to be antici-
oatod in the neighborhood from its re
noyal, and the relative surfaces of the
water above aud below the dam, (Which
ire nearly equal,) as well as the assu-
-ances of the community, satisfy US that
10 sanitary trouble viii result there
rom. 4 number of adjacent land
,wnors express the belief that the
Iainage of their lowlands would be
neatly facilitated, and their productive
.o,,a1,{,, increased Sboul1 the dam he |